Your Rights As A Student If You Are Accused of Sexual Misconduct At A University

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Your Rights As A Student If You Are Accused of Sexual Misconduct At A University

By
Todd Ringel, Johnson Law Group
|April 07, 2017

Given the sexual assault policies in effect on college campuses in Illinois,
students need to be aware that even the mere accusation of sexual misconduct
can instantly throw their lives into turmoil and put their diploma at
risk - even if the accusation is unfounded or ultimately proven false.

YOUR RIGHTS IF YOU FACE DISCIPLINARY ACTION

In any case involving suspension or expulsion for disciplinary reasons
- as opposed to academic reasons - at a public university, you are entitled
to at least the following protections:
* The right to have your case heard under regular procedures used for
all similar cases
* The right to receive notice of the charges against you
* The right to hear a description of the university's evidence against you
* The right to present your side of the story to an impartial hearing officer

You are entitled to the rights listed above in all cases involving disciplinary
suspension or expulsion. You may also be entitled to other rights, such
as the right to have a lawyer present during your hearing. You may also
have the right to review written records related to the charges before
the hearing is conducted.

HOW TO PREPARE FOR YOUR DISCIPLINARY CASE

One of the most important steps to take is to thoroughly familiarize yourself
with your university's procedures as soon as possible. These rules
can be found in your university's student code of conduct handbook.
It is imperative to know the following before the process begins:
* How you will be notified if you are charged
* How long you will have to prepare your defense
* What opportunity will you have to present your defense

HOW TO CONDUCT AN INVESTIGATION FOR YOUR DEFENSE

If you are involved in any incident that you believe might lead to a complaint
against you, immediately start to gather and preserve relevant information.
Relevant evidence includes, but is not limited to the following:
* Text messages between you and the complaining party
* Text messages that are relevant from friends or acquaintances
* Statements from witnesses

Statements can be obtained by interviewing witnesses; however, it may
be wise to employ the services of an attorney or professional investigator
to avoid claims of witness tampering at a later date.

DECIDING ON WHETHER TO RETAIN AN ATTORNEY

An often asked question is whether the individual should retain the services
of an attorney. The answer to this depends on the circumstances. If you
believe that you may face criminal charges for the conduct which has led
to the university disciplinary proceeding, then it is absolutely imperative
to hire an experienced attorney in this area of the law. Anything that
you say to the university's employees can be used against you in criminal
court. Immediately consult an attorney before making any statements whatsoever.

Even if you do not believe that criminal charges will stem from the conduct,
having a competent attorney certainly cannot hurt you. This process is
a complex one and having a knowledgeable attorney to guide you through
the process is of great value.

THE FOUR MOST CRUCIAL STEPS TO DEFENDING YOURSELF

The following are steps that should be taken when faced with a disciplinary charge:
* Carefully review your student handbook, disciplinary code, and other
campus policies that apply to your situation.
* Take careful notes of conversations. Send emails that restate the conversations
that you have had about the incident. Keep copies of all written correspondence
that the university has sent you in regard to the matter.
* Obtain an attorney or at least an advisor who can help you navigate
the process.
* Make your disciplinary hearing your top priority and prepare for it
well in advance of the hearing.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.